Ark. Code Ann. § 23-64-201 (2026)
License required to solicit, sell, negotiate, engage, consult, or adjust insurance — Grounds for license suspension
- No insurance producer, insurer, insurance consultant, or adjuster shall permit any person not properly licensed under this chapter to solicit, sell, negotiate, engage, consult, or adjust in the business of insurance on behalf of the insurance producer, insurer, insurance consultant, or adjuster.
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- Unless he or she has complied with the Producer Licensing Model Act, § 23-64-501 et seq., a person shall not consult, counsel, or advise others on matters of insurance needs or coverages under any insurance policy or contract of insurance unless licensed under this section.
- Licensure of a salaried employee of the entity or entities for which he or she may consult or counsel on matters of insurance to that entity or entities shall not be required.
- No person may adjust claims as an adjuster without licensure under this chapter.
- Any license issued by the Insurance Commissioner, under this section, may be immediately suspended as per § 9-14-239 for failure to pay child support.
- All licensees or applicants for licensure under this section must notify the commissioner in writing within thirty (30) days of any filing of a criminal charge or conviction or plea of a criminal charge or the filing of any bankruptcy proceeding by or against them. Failure to so notify the commissioner may result in the immediate suspension of the license.
History. Acts 1959, No. 148, § 152; 1985, No. 804, § 21; A.S.A. 1947, § 66-2809; Acts 1987, No. 927, § 1; 1989, No. 772, § 5; 1993, No. 901, § 13; 1997, No. 1004, § 1; 2001, No. 580, § 5; 2007, No. 331, § 1.
Publisher's Notes. Acts 1985, No. 804, § 32, provided, in part, that the act would be cumulative of prior laws, and that no prior law or part of a law would be deemed to be in conflict with the act unless failure to do so would prevent giving effect to an explicit provision of the act.
This section was formerly codified as § 23-64-202. Former § 23-64-201, concerning creation of the Insurance Advisory Examining Board, was repealed by Acts 1997, No. 1004, § 1. The section was derived from Acts 1983, No. 534, § 3; A.S.A. 1947, § 66-2811.1; 1997, No. 250, § 222. The repeal of this section by Acts 1997, No. 1004 superseded its amendment by Acts 1997, No. 250. See § 1-2-207.
Amendments. The 2007 amendment rewrote (a).
Research References
U. Ark. Little Rock L.J.
Survey, Insurance, 12 U. Ark. Little Rock L.J. 643.
Survey of Legislation, 2001 Arkansas General Assembly, Insurance Law, 24 U. Ark. Little Rock L. Rev. 577.
Case Notes
Constitutionality.
Statutes requiring license to be an insurance agent are constitutional. Dunn v. Phoenix Village, Inc., 213 F. Supp. 936 (W.D. Ark. 1963).
Contracts.
Any contract entered into by an unlicensed agent is void and unenforceable even though this section does not expressly declared such contracts to be void. Dunn v. Phoenix Village, Inc., 213 F. Supp. 936 (W.D. Ark. 1963).
Violation.
Where a trial court instructed the jury in an insurance tort case that a violation of the state insurance licensing statute, § 23-64-201, was evidence of deceit, the instruction was given in error because violation of that statute was not necessarily the equivalent of an intention to misrepresent, which was necessary for the tort of deceit; such error was presumptively prejudicial, requiring reversal of the judgment against the insurer's agent. Cincinnati Life Ins. v. Mickles, 85 Ark. App. 188, 148 S.W.3d 768 (2004).